Helicopter Shuttle – Standard Terms and Conditions

Introduction

The terms upon which FreshAir UK Ltd (hereafter referred to as ‘the Company’) will provide a helicopter shuttle service between the Fresh Air Helipad and Ascot Racecourse between 18^th and 22^nd June 2024, are contained within these terms and conditions, to the exclusion of all other terms, conditions, warranties and representations, including any specified by the Purchaser in any way. No addition to, or variation of, these conditions shall bind the Company unless accepted in writing by (a Director of) the Company.

Price and Payment
- The per person price shall include the total cost of operating the aircraft.
- Unless otherwise specified by The Company, the full purchase price shall be paid (in Pounds Sterling) immediately upon receipt of invoice.
- Where the Company requires a deposit, or payment in advance, such payment shall be made on demand via bank transfer or credit card.

Additional Charges

Unless agreed by the Company, and expressly stated in the programme, the Purchaser shall be liable for all additional charges, including the following:

Any additional flying charged at the hourly rate applying to the programme (pro rata) or such rate to be determined by the Company which is reasonable having regard to all circumstances.
Any costs incurred by the Company in discharging any third-party expenses on behalf of the Purchaser.
Any charges incurred by the Company in relation to airport passenger or security charges.
Any costs incurred by the Company in relation to passenger meals or catering not expressly included as part of the package.
A fuel surcharge if the Company’s purchase price of aviation fuel is affected by any changes in EU Tax Regulations or any other significant increase within the UK exceeding 25% from the date of publication of these Standard Terms and Conditions of 19^th January 2023.

Cancellation

The Purchaser may cancel the booking at any time by giving notice to the Company. In the event of cancellation, the Purchaser shall be liable for the following:

A cancellation fee calculated as a proportion of the charter price based on the notice period given (see table below).

Notice Period	Fee
Greater than 14 days of the first departure	50%
Less than 14 days from first departure	100%
No show	100%

Any additional costs incurred up to the time and date the cancellation notice is received or the time of the first departure in the event the Purchaser fails to show.
In the event that the Company should cancel the programme due to bad weather or a technical fault with the aircraft, the Purchaser will receive a 100% refund, minus a 15% administration fee. Refunds, where applicable, shall be made within 30 days of receipt of funds.

Obligations of the Company
- The Company shall provide appropriately maintained aircraft with trained and licenced crew, sufficiently fuelled for the flight and with all necessary equipment required for the safe conduct of the flight.
- The Company shall apply for and obtain all necessary permissions, permits and licences required to comply with any applicable law/s affecting the flight.
- The Company shall take all reasonable steps to comply with scheduled departure and arrival times. The Company shall not be liable for any loss, howsoever caused, by any reasonable delay/s.
- The Aircraft Commander shall maintain absolute discretion to:
  - Refuse to carry any passenger/s, baggage or cargo.
  - Refuse any person on board the aircraft who appears intoxicated or who is verbally or physically abusive or who refuse to comply with the instruction of the Aircraft Commander or any other crew members. No refund will apply in the event of such refusal.
  - Decide what load shall be carried, and its distribution within the aircraft.
  - Decide whether, when and how a flight may be safely and legally undertaken as well as when and where the aircraft shall be landed.
  - Make all decisions relating to the safe and efficient operation of the aircraft.

Obligations of the PURCHASER
- The Purchaser shall provide on request, any information required by the Company:
  - To apply for any permissions, permits or licences (as required by section 6.2).
  - To prepare any travel documents required for the flight.
  - To make any necessary arrangements for any passengers with special needs.
  - To comply with any applicable law/s.
- The Purchaser shall comply with the terms and conditions of any permits or licences granted for the flight and any applicable law/s.

Non-Performance, Delay, Variations and Diversions
- In the event of any variation to the programme at the request of the Purchaser or as a result of any breach by the Purchaser of its obligations, the Purchaser shall pay for all additional flying hours, or part thereof, at the hourly rate applying to the programme or such rate as stated by the Company which is reasonable having regard to the purchase price and any expenses or losses arising from or connected with the variation from or addition to the programme, together with all expenses connected with it, including (without limitation) any: Transport, accommodation and subsistence expenses incurred by the Company.
- The Company shall use all reasonable endeavours to perform and complete the programme but may depart from it if it is reasonably necessary or advisable in the aircraft Commander’s opinion in the interest of safety or legality, in which case any additional flying hours and expenses shall be paid for by the Purchaser.
- The Company shall use all reasonable endeavours to perform the programme in accordance with any times indicated on the itinerary, but such times are not guaranteed and (without prejudice to section 8) the Company shall have no liability for any reasonable delay.

Force Majeure

In the event of non-performance, partial performance or delay resulting wholly or partly from any force majeure or occurrence or any circumstances whatsoever beyond the Company’s control, including (without limitation) the acts or omissions of third parties, labour difficulties, weather conditions, technical breakdown of, or an accident to the aircraft or any part of it, natural disaster or the act of any authority, the Company shall use reasonable endeavours to perform or continue the programme, but otherwise shall have no liability to the purchaser. The purchaser shall be liable to pay such part of the price as is referable to the part of the programme which has been performed (if any), and all expenses whatsoever connected with it, and anything in excess already paid by the purchaser shall be refunded. The Company’s determination of the referable part of the price and the connected expenses shall be conclusive, in the absence of manifest error.

Substitution of Aircraft
- The Company reserves the right, at any time, to substitute the aircraft specified in the schedule for another suitable aircraft.
  - If the replacement aircraft is capable of performing the programme without significant variation, conforms to the standard and quality of the reserved aircraft and meets the reasonable expectations of the Purchaser, there shall be no adjustment to the purchase price.
  - If the replacement aircraft is incapable of performing the programme without significant variation, fails to conform to the standard and quality of the reserved aircraft and doesn’t meet the reasonable expectations of the Purchaser, the Company shall make reasonable adjustment to the purchase price.

Insurance and Liability
- The Company shall maintain in full force and effect, during the term of the programme, insurance cover in compliance with applicable law, including without prejudice to the generality of the following:
  - All risks in respect of damage to the aircraft.
  - Liability to third-parties and passengers arising out of the operation of the aircraft.
- Unless otherwise specified herein, the Company shall not be liable to the Purchaser in respect of any lost revenues, lost profits or punitive damages.
- Where the Company can prove that all necessary and reasonable measures have been taken to avoid death or personal injury, the Company hereby limits its liability to the maximum extent permitted by applicable law.

Indemnity
- The Purchaser shall indemnify the Company against all actions, legal proceedings and liabilities whatsoever resulting from any default, unlawful or wrongful act or omission with respect to the charter agreement on the part of: the Purchaser, any passenger and/or any owner or other person having any interest in any baggage or cargo carried in the aircraft.
- The Company shall indemnify the Purchaser against all actions, legal proceedings and liabilities whatsoever, with respect to death, personal injury and/or damage to property resulting from or caused by the negligence or wilful misconduct of the Company in performance of this agreement.

Dangerous Goods

The following items have been classified as ‘Restricted’ or ‘Banned’. If you wish to transport any of the items listed below, please notify the Company at the time of booking. Failure to notify the Company may result in refusal to fly and loss of deposit/payment. This list is not exhaustive if in doubt, notify the Company for clarification.

‘Restricted’ items:
- Aerosols
- Alcohol
- Ammunition and firearms
- Batteries (carried as spares)
- Items containing batteries
- Christmas crackers and party poppers
- Engines and engine powered equipment (e generators and scooters etc)
- Gases (including items that contain gases such as insulated packaging)
- Matches and cigarette lighters
- Medical and mobility aids containing batteries
- Medical aids not containing batteries
- Mercury filled items
- Paints, chemicals and radioactive materials
- Permeation devices (for calibrating air quality monitoring equipment)
- Security related items (e.g. attaché cases)
- Sport and camping related items
- Toiletry items including hair curlers
‘Banned’ items
- Camping stoves – gas or flammable liquid fuelled
- Diving cylinders
- Fireworks
- Flammable paint
- Lighter fuel and lighter refills
- Party-poppers
- Smoke hood with oxygen supply
- Strike anywhere matches

General Data Protection Regulation (GDPR)

The Company is a ‘Data Controller’ which means that they are responsible for deciding how the Purchaser’s personal information is collected and used during the booking process through to the completion of the programme. The information held must be:

Used lawfully, fairly and transparently
Collected only for valid purposes
Relevant to the purpose for which it’s held
Accurate and up to date
Kept for as long as necessary for the purpose for which it’s held
Kept securely

The kind of information held is personal data or personal information from which that person can be identified. The type of information held includes:

Title
Name
Addresses
Telephone numbers
Email Addresses.

Data will be collected throughout the enquiry and booking process, either directly from the client or through a broker, in person, over the telephone, via email or through the website. The Company will use the information in the following circumstances:

To contact the charterer
To comply with legal obligations
Where it is necessary for the Company’s or a third-party’s legitimate interests
To prevent fraud
To obtain feedback

The Company may have to share data with third parties such as handling agents and landing site operators. In such circumstances the Company requires the third-party to respect the security of the Purchaser’s data and to treat it in accordance with the law.

The Company will only retain the Purchaser’s and passenger personal information for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements. By law, the Purchaser has the right to:

Request access to the personal information held about them.
Request correction to the personal information held about them
Request erasure of the personal information held about them
Object to the processing of their personal information where the Company is relying on a third-party to fulfil the requirements
Request the transfer of their personal information to another party

The Company reserves the right to update this privacy notice at any time and will provide the purchaser with a new privacy notice when substantial changes are made. The Company may also notify the Purchaser in other ways from time to time about the processing of personal information.